Legal CMA Notification Form

LEGAL CMA NOTIFICATION FORM

This Legal CMA Notification Form is entered into as of by and between Provider: , principal address , License No. , and Client Name: , address .

RECITALS

WHEREAS, Provider is duly qualified and experienced in preparing Comparative Market Analyses and related market valuation materials for residential and commercial real property;

WHEREAS, Client has requested that Provider prepare a Comparative Market Analysis for the real property located at (the "Property") on or about ;

WHEREAS, Client desires to receive the CMA for informational purposes only, and Provider is willing to prepare and deliver the CMA subject to the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

"CMA" means the Comparative Market Analysis, valuation summary, comparable sales, market data and commentary prepared by Provider in electronic or printed form in connection with the Property. "Confidential Information" means non-public information disclosed by either party in connection with this Agreement, including comparable sales data and any materials expressly designated as confidential.

2. SCOPE OF SERVICES

Provider will prepare and deliver to Client a CMA covering the Property. The CMA will include comparable recent sales, active listings, adjusted market indications and Provider's written analysis of market conditions. Provider's obligations are limited to those services expressly described in this section; Provider is not providing an appraisal, inspection, warranty, legal advice, or a guaranty of sale price.

3. DELIVERY, TIMING AND METHOD

Provider will deliver the CMA to Client by the selected delivery method within calendar days following receipt of all necessary information from Client. Delivery method (select all that apply):

Email Printed copy In-person meeting Other:

4. FEES AND PAYMENT

Client shall pay Provider the fee set forth below for preparation and delivery of the CMA. Unless otherwise agreed in writing, payment is due as provided herein.

5. CONFIDENTIALITY

Each party shall maintain Confidential Information in confidence and shall not disclose such information to third parties without the prior written consent of the disclosing party, except as required by law. Confidentiality obligations shall survive termination of this Agreement for a period of following disclosure.

Notwithstanding the foregoing, Provider may include aggregated, anonymized market data derived from the CMA in its internal analyses or marketing materials provided no Confidential Information that identifies Client or the Property is disclosed.

6. AUTHORIZATION AND DATA

Client authorizes Provider to access, use and rely upon public records, MLS data and information provided by Client and third parties to prepare the CMA. Client represents and warrants that all information provided to Provider is accurate and complete to the best of Client's knowledge.

7. DISCLAIMERS; NO RELIANCE

Provider's CMA is an opinion based upon available data and market conditions at the time of preparation. Provider does not warrant or guarantee the accuracy of third-party data or the future marketability or value of the Property. Client acknowledges and agrees that the CMA is prepared for Client's informational purposes only and that Client shall not rely upon the CMA as a substitute for an appraisal, title review, inspection, or legal advice.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Provider's total liability arising out of or related to this Agreement or the CMA, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed the fees paid by Client to Provider for the CMA. In no event shall Provider be liable for indirect, incidental, special, consequential or punitive damages, including lost profits.

9. INDEMNIFICATION

Client shall defend, indemnify and hold harmless Provider and its officers, directors, agents and employees from and against any claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement or Client's provision of inaccurate information to Provider.

10. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement must be in writing and delivered to the addresses set forth below by hand, nationally recognized overnight courier, certified mail (return receipt requested) or email with confirmed receipt.

11. AMENDMENTS; WAIVER

No amendment or modification of this Agreement shall be effective unless in a writing signed by both parties. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to its conflicts of law principles.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral, relating thereto.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by applicable law and the remaining provisions shall remain in full force and effect.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be binding as originals.

16. MISCELLANEOUS

The headings in this Agreement are for convenience only and shall not affect its interpretation. Each party represents that it has full authority to enter into this Agreement and to perform its obligations hereunder.

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